Brown v. Mansueto CA4/3

── Brown v. Mansueto CA4/3 ── Court: California Court of Appeal Date: May 08, 2026 Category: General Filed 5/7/26 Brown v. Mansueto CA4/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE SUSAN J. BROWN, as Trustee, etc., Respondent, G066603 v. (Super. Ct. No. 37-2008-00152252) ROBERT F. MANSUETO, OPINION Appellant. Appeal from an order of the Superior Court of San Diego County, Olga Alvarez, Judge. Affirmed. Motion for sanctions. Denied. Requests for judicial notice. Denied. Robert F. Mansueto, in pro. per., for Appellant. Buchalter, Robert M. Dato; Greenberg Traurig, LLP and Catherine Swafford for Respondent.  Appellant Robert F. Mansueto (Brother) appeals from an order granting the petition of respondent Susan J. Brown (Sister) and removing him as cotrustee of their parents’ trust. We conclude the trial court permissibly found Brother waived any objection to the petition by failing to file an objection and instead merely opposing an ex parte application. Accordingly, we affirm. FACTS The parties to this case are siblings whose parents died in 2006 and 2008. The parties settled previous litigation over their parents’ trust by agreeing to serve as cotrustees of the trust and permitting Brother to live in their parents’ former home with his family so long as he complied with the agreement. Brother further agreed to pay $400,000 to Sister by January 1 2014, secured by the parents’ former home. Over the years, Brother made various payments but as the due date approached, more than half the total remained outstanding. The parties agreed to extend the time for payment to January 2019. Brother made more 1 Brother requests we take judicial notice of the 2010 settlement agreement, the order granting entry of stipulated judgment against him and in Sister’s favor, Brother’s opposition to Sister’s ex parte application, a notice of hearing, an April 9, 2024 minute order authorizing Sister to evict Brother and sell the property, and the order challenged by this appeal. That request is denied, as these documents are either already a part of the record on appeal or are irrelevant to the appeal. Brother also separately requests we take judicial notice of excerpts from the underlying trust and 2010 settlement agreement. That request is also denied for the same reasons we denied the first request. Brother also requests we take judicial notice of certain orders entered by the trial court after the order that is the subject of this appeal. That request is also denied, as those orders have no relevance to the dispute in this appeal. Shortly before oral argument, Brother also filed a Notice of Subsequent Developments Relevant to Pending Appeal. This document does not include a request for any sort of relief; we take no action in response to it. 2 payments but did not pay the full amount by the due date, at which time $66,778.23 remained due. At that point, interest and late fees began accruing according to the terms of the agreement. By February 2024, Brother owed Sister $111,297.04. Sister filed a new petition seeking orders removing Brother as cotrustee of the parents’ trust, authorizing Sister to evict any occupants of